2.4 Publicizing Contract Actions & Synopsis Rules (FAR Part 5)
Key Takeaways
- FAR Part 5 dictates publicizing rules: actions between $15,000 and $25,000 require public display in a public place, while actions exceeding $25,000 require synopsis on the Governmentwide Point of Entry (SAM.gov).
- Standard non-commercial solicitations > SAT require a minimum 15-day pre-solicitation synopsis followed by a minimum 30-day solicitation response time (FAR 5.203).
- Commercial item acquisitions under FAR Part 12 may combine synopsis and solicitation under FAR 12.603, allowing shorter response times reasonable under the circumstances.
- FAR 5.202 lists 14 statutory exceptions to synopsis requirements, including national security classification, unusual and compelling urgency, and orders placed under existing IDIQ contracts.
- Non-competitive contract awards exceeding $25,000 must have their approved J&A posted publicly on SAM.gov within 14 days of award (or 30 days for unusual urgency) pursuant to FAR 6.305.
2.4 Publicizing Contract Actions & Synopsis Rules (FAR Part 5)
Publicizing contract actions is a statutory cornerstone of federal procurement policy. Governed by FAR Part 5 (Publicizing Contract Actions), 41 U.S.C. 1708, and the Small Business Act (15 U.S.C. 637(e)), executive agencies must publicize proposed contract actions to increase competition, broaden industry participation, and assist small business concerns in obtaining contracts and subcontracts.
Mandatory Publicizing Thresholds (FAR 5.101 & 5.201)
The requirement to publicize proposed contract actions is dictated by explicit statutory dollar thresholds:
| Dollar Threshold | Mandatory Publicizing Method (FAR 5.101) |
|---|---|
| Micro-Purchase Threshold (<= $15,000) | No public notice requirement. Direct award authorized under FAR Part 13. |
| Over $15,000 to $25,000 | Must display notice in a public place (e.g., physical bulletin board at contracting office or agency public website) for at least 10 calendar days (FAR 5.101(a)(2)). |
| Exceeding $25,000 | Must transmit a formal synopsis to the Governmentwide Point of Entry (GPE) at SAM.gov (FAR 5.101(a)(1) & FAR 5.201). |
Synopsis & Solicitation Response Timelines (FAR 5.203)
To ensure prospective offerors have adequate time to prepare proposals, FAR 5.203 establishes strict minimum publication and response timeframes:
+-----------------------------------------------------------------------------------+
| STANDARD SOLICITATION TIMELINES |
| |
| Step 1: Pre-Solicitation Synopsis (SAM.gov) |
| • Must publish at least 15 CALENDAR DAYS prior to issuing solicitation |
| |
| Step 2: Solicitation Response Period |
| • Standard Non-Commercial (> SAT): Minimum 30 CALENDAR DAYS |
| • Research & Development (> SAT): Minimum 45 CALENDAR DAYS |
| • Commercial Products/Services (FAR Part 12): Reasonable time allowed |
+-----------------------------------------------------------------------------------+
Combined Synopsis / Solicitation for Commercial Items (FAR 12.603)
For commercial product or service acquisitions under FAR Part 12, Contracting Officers may issue a combined synopsis/solicitation under FAR 12.603. This streamlined procedure eliminates the separate 15-day pre-solicitation synopsis phase, combining the notice and solicitation into a single SAM.gov posting with a reduced response period appropriate to market conditions.
Statutory Exceptions to Synopsis (FAR 5.202)
Under FAR 5.202(a), Contracting Officers are not required to publish a synopsis on SAM.gov if any of the following 14 statutory exceptions apply:
| Exception Citation | Statutory Conditions & Scope |
|---|---|
| National Security (FAR 5.202(a)(1)) | Synopsis would disclose national security information or classified requirement that would compromise national defense. |
| Unusual & Compelling Urgency (FAR 5.202(a)(2)) | The Government would be seriously injured if mandatory publication timelines were enforced (e.g., emergency disaster response). |
| Foreign Military Sales / International (FAR 5.202(a)(3)) | Procurement is funded by a foreign country or specified under a treaty/agreement requiring non-public sources. |
| Statutory Requirement (FAR 5.202(a)(4)) | Required by statute to be made through another government agency (e.g., UNICOR, AbilityOne, or 8(a) direct awards). |
| Utility Services (FAR 5.202(a)(5)) | Utility services where only one supplier is available. |
| Order Under Existing IDIQ (FAR 5.202(a)(6)) | Task or delivery orders placed under existing contracts (FSS, GWAC, or agency IDIQ) per FAR Subpart 16.5. |
| Perishable Subsistence (FAR 5.202(a)(7)) | Perishable food supplies requiring immediate purchase. |
| Expert Services for Litigation (FAR 5.202(a)(14)) | Contracting for expert witnesses or trial support services in civil or criminal litigation. |
Post-Award Publicizing & J&A Posting (FAR 5.301 & 6.305)
Publicizing obligations continue after contract award to ensure transparency and accountability.
1. Award Notices (FAR 5.301)
Contracting Officers must post contract award notices on SAM.gov for awards exceeding $25,000 if the original solicitation was synopsized or if small business set-aside rules apply.
2. Mandatory Public Posting of J&As (FAR 6.305)
For non-competitive contracts awarded using other than full and open competition under FAR Subpart 6.3, the approved Justification & Approval (J&A) document must be publicly posted on SAM.gov:
- Standard J&A Posting: Within 14 days after contract award.
- Urgency J&A Posting (6.302-2): Within 30 days after contract award.
- Protection of Proprietary Data: The CO must redact contractor proprietary data, trade secrets, and contractor proposals before public posting.
Exam Focus: Worked Scenario — Publicizing Timelines & Exceptions
Scenario: An Air Force contracting office requires $6 million of non-commercial flight simulator software maintenance. The requirement is not urgent. Separately, an emergency hurricane damages a naval base pier, requiring $3 million in immediate structural repairs to prevent ship damage.
Analysis & Application of FAR Part 5:
-
Software Maintenance Requirement ($6M Non-Commercial):
- Exceeds $25,000 threshold; mandatory SAM.gov synopsis required under FAR 5.201.
- CO must publish pre-solicitation synopsis on SAM.gov at least 15 days before issuing solicitation.
- Solicitation response period must be at least 30 days under FAR 5.203(c).
-
Emergency Pier Repair Requirement ($3M Urgent):
- Qualifies under the Unusual and Compelling Urgency exception in FAR 5.202(a)(2) and FAR 6.302-2.
- Pre-solicitation synopsis on SAM.gov is exempted; solicitation may be issued immediately to available sources.
- Non-competitive J&A must be approved and publicly posted on SAM.gov within 30 days after contract award under FAR 6.305.
Under FAR 5.101, what is the mandatory publicizing requirement for a proposed contract action estimated between $15,000 and $25,000?
For a standard, non-commercial acquisition exceeding the Simplified Acquisition Threshold, what is the MINIMUM solicitation response time required under FAR 5.203 after publishing a pre-solicitation synopsis?
Which of the following scenarios qualifies for an EXCEPTION to the requirement to synopsize a contract action on SAM.gov under FAR 5.202?
Under FAR 6.305, within how many days following contract award MUST an approved non-competitive Justification & Approval (J&A) document be publicly posted on SAM.gov for standard non-competitive awards?